Fla. Stat. § 316.027

Leaving the Scene
of an Accident

What people call "hit and run" is failure to stop and remain. The penalties escalate dramatically with the harm caused — all the way to a mandatory prison term. Here is the structure.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

The Duty to Stop and Remain

Florida law requires drivers involved in a crash to stop, remain at the scene, and provide information and reasonable aid. § 316.027 covers crashes causing injury or death; property-damage-only crashes fall under § 316.061 (a second-degree misdemeanor). The penalties escalate sharply with the harm.

The Governing Statute
Fla. Stat. § 316.027 — Leaving the Scene of a Crash
"The driver of a vehicle involved in a crash occurring on public or private property which results in injury to a person … shall immediately stop … and shall remain at the scene … until he or she has fulfilled [statutory duties]."
Read the full statute on Online Sunshine →
Leaving the Scene — Penalties by Harm
Property damage only (§ 316.061): Second-degree misdemeanor.

Injury: Third-degree felony (up to 5 years).

Serious bodily injury: Second-degree felony (up to 15 years).

Death (§ 316.027(2)(c)): First-degree felony, up to 30 years, with a 4-year mandatory minimum.

The "Knew or Should Have Known" Element

A crucial defense: the driver must have known, or reasonably should have known, that a crash occurred and caused injury. If the impact was minor, masked, or reasonably mistaken for something else (like hitting debris), the "willful" element may be missing. Fault for the crash itself is a separate issue from the duty to remain.

What a Defense Attorney Looks For

  • Knowledge. Whether you knew or should have known a crash — and injury — occurred.
  • Willfulness of leaving, versus leaving to get help and returning.
  • Identity of the driver.
  • The "vulnerable road user" enhancement and whether it applies.

Frequently Asked Questions

What happens if you leave the scene of an accident in Florida?
It depends on the harm. Under § 316.027, leaving a crash with injury is a third-degree felony, serious injury is a second-degree felony, and death is a first-degree felony carrying a 4-year mandatory minimum. Property-damage-only cases are a second-degree misdemeanor.
What if I didn’t know I hit someone in Florida?
Knowledge is a required element. The State must prove you knew, or reasonably should have known, that a crash causing injury occurred. If the impact was minor or reasonably mistaken for something else, that can be a strong defense.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 316.027 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.